Lee Allen Martin, plaintiff - Pro Se Plaintiff, Vs Brenda Cirtin Custodian of Records - City of Springfield

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Case No.: 198CC4528

Comes now the plaintiff, Lee Allen Martin, pursuant to Missouri Supreme Court Rule 75.01 and asks the court to amend the Order of 29^th day of September 1999 based upon the following facts as pertains to the Order filed on the 1^st day of October 1999:

1. The redaction charge to the plaintiff set by ORDER number 5 is not authorized by the provisions of 610.026 RSMo.
2. The public governmental record in question is maintained in electronic format and should be provided to the plaintiff within the next 10 days.
3. If all of the public governmental record is not in electronic format what is in electronic format should be immediately made available to the plaintiff, via the internet or 3.5 inch floppy disc in the word processing format that it is presently maintained in. The charge for this record should be set by RSMo 610.026.2, "shall include only the cost of copies, staff time required for making copies and programming, if necessary, and the disk or tape used for the duplication. "
4. If the Charge for these records exceed nominal the Defendant should certify said charges
5. Plaintiff notes finding #5 of the Order that states the public governmental records in question "may" contain information that would be governed by 610.100.3. In light of the "may"" the plaintiff must request that objection to whatever fictional redaction that is presented to the court will be moot if the court finds that none of these records should be redacted.
6. The plaintiff would request that the honorable court issue finding that said redaction's of a public governmental record are authorized by RSMo 610.100.3.
7. That the honorable court make a final decision on the issues and facts and law so that the plaintiff may take the necessary lawful procedure.

In light of the facts presented to the Honorable Court the plaintiff must request that the honorable court amend the Order of September 29, 1999 to allow the plaintiff to receive said public governmental record in a timely fashion pursuant the RSMo 610., and amend the Honorable Courts ruling allowing redaction cost. Plaintiff would request that the Honorable Court issue findings as to the legality of the redaction of the public governmental record in question.

Lee Allan Martin * Plaintiff * 15^th day of October 1999

309 N Jefferson Ave., suite 220

Springfield, Mo. 65806-1108

Phone #2

e-mail lee@ctyme.com

I, Lee Allen Martin, do hereby swear and affirm that one true and accurate copy of the foregoing has been mailed, via prepaid first class mail, to Robert Sommers Busch Municipal Building 840 Boonville Springfield Missouri 65802 on this date 15^th day of October 1999.

So certified: _____________________________

Lee Allen Martin

All pending motions will be called before the Court for hearing on 28^th day of October, 1999 at 9:00 a.m. or as soon thereafter as Petitioner may be heard.

______________________________

Lee Allen Martin